Gov. Brown: Marriage licenses to be issued to gay couples ASAP

June 26, 2013

Updated Aug. 21, 2013 12:28 p.m.

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Revelers drive past San Francisco City Hall waving rainbow flags and an American flag Wednesday shortly after the U.S. Supreme Court ruling cleared the way for same-sex marriage in California. NOAH BERGER, AP

Revelers drive past San Francisco City Hall waving rainbow flags and an American flag Wednesday shortly after the U.S. Supreme Court ruling cleared the way for same-sex marriage in California. NOAH BERGER, AP

SACRAMENTO – Gov. Jerry Brown says he has directed the California Department of Public Health to start issuing marriage licenses to gay couples as soon as a federal appeals court lifts its stay on a lower court ruling in the case.

The U.S. Supreme Court on Wednesday let stand that lower court ruling, which overturned the state's voter-approved gay marriage ban, Proposition 8. The court also ruled that the federal Defense of Marriage Act, known as DOMA, is unconstitutional, meaning that states are free to write their own marriage laws.

Brown said in a statement that the court has made same-sex marriage a reality in California "after years of struggle."

The Democratic governor says he and Attorney General Kamala Harris have determined that county clerks and county registrars must comply with Wednesday's ruling and begin registering same-sex marriage licenses once the stay is lifted.

The state Department of Public Health says in a letter to counties that it could take a month or more before that happens.

City and state officials said they were assuming that the earliest marriage licenses could be extended to same-sex couples would be the end of July, to give Prop 8 sponsors time to ask the Supreme Court to reconsider. Under Supreme Court rules, a losing side has 25 days to petition for a rehearing, and a decision would not become final until that period elapses.

Brown, Harris and state public health director Ron Chapman might then need a few more days to notify county clerks that same-sex couples seeking marriage licenses should no longer be turned away. The three officials were named as defendants in the case but refused to defend Prop 8 in court.

Human Rights Campaign President Chad Griffin said gay marriage advocates are working with Brown and Harris to see if the process can be sped up.

"The headline here is marriage is starting very, very soon in the great state of California, and those couples should be planning those weddings tonight," Griffin said.

A crowd at San Francisco City Hall applauded the news that the U.S. Supreme Court had cleared the way for same-sex marriages to resume in the state, but the reaction was shaded by the knowledge that the high court had sidestepped the larger question of whether banning gay marriage is unconstitutional.

The battle over same-sex marriage in California started at San Francisco City Hall in 2004, when then-mayor Gavin Newsom ordered city clerks to issue marriage licenses to gay couples. On Wednesday, he brought the biggest cheers from the City Hall gathering when he said San Francisco is a city of "doers" that not only tolerates diversity, but celebrates it every day.

San Francisco City Attorney Dennis Herrera called the ruling a great victory. He said people criticized the city in 2004, saying it was moving too fast in granting marriage licenses. But Herrera said he believes the only way to get things done is to "kick down the door."

The measured enthusiasm contrasted with the exuberant cheers that greeted word earlier that the Supreme Court had struck down a federal law that prevents the U.S. government from granting marriage benefits to gay couples.

Many activists had hoped the court would strike down bans on gay marriage across the nation as unconstitutional.

In West Hollywood, cheers and applause erupted at a gathering of the Equality California organization after the Supreme Court's action on the two cases.

Equality California canvasser Brianna Eaton says it's a historic day that many people had been hoping would come.

Others at the celebration said words can't express how they feel.

In San Diego, the openly gay district attorney called the rulings "a legal home run for civil rights."

Bonne Dumanis said the decisions mean that gay couples will no longer be treated as second-class citizens. She says she is pleased that military veterans will enjoy the same federal benefits as other couples.

Dumanis was openly gay when she first ran for public office in 1994, winning a seat as municipal judge. The Republican plans to seek a fourth term as district attorney next year.

Dumanis married her partner in 2008, two months before California voters approved Proposition 8 to ban same-sex marriage.

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